HomeMy WebLinkAbout25. 16-438AUGUST 23, 2016 16 -438 ORDINANCE
FIRST READING
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM TOWN
OF NEKIMI / FANNIN VOLUNTARY ATTACHMENT; 3467
OREGON STREET
INITIATED BY: PATRICK AND AMY FANNIN
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 14TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, the City of Oshkosh and Town of Nekimi have adopted a Cooperative
Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of
Administration, that identifies areas within the Town of Nekimi as expansion areas to attach
to the City of Oshkosh; and
WHEREAS, a voluntary attachment petition duly circulated has heretofore been
signed by the owners of all the real property within such territory to be attached to the
City of Oshkosh from the Town of Nekimi; and
WHEREAS, the proposed territory to be attached is located within the designated
Expansion Area of the Town of Nekimi to the City of Oshkosh; and
WHEREAS, the property owners have requested temporary zoning of R -1, Single
Family Residential District; and
WHEREAS, the Town Clerk for the Town of Nekimi has been provided with written
notice regarding the attachment in the time period specified by the approved Cooperative
Plan; and
AUGUST 23, 2016 16 -438 ORDINANCE
FIRST READING CONT'D
WHEREAS, the Town of Nekimi has not filed an objection to the attachment with
the City.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. The following described territory, pursuant to a duly filed voluntary
attachment petition is hereby attached to and made part of the City of Oshkosh, a
municipal corporation located in Winnebago County, more specifically to the 14th Ward
of said City and subject to Wisconsin Statutes and the amendments thereto:
ALSO KNOWN AS 3467 OREGON STREET, A PARCEL OF LAND LOCATED IN THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 17 NORTH,
RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN
SOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 2, TOWNSHIP 17
NORTH, RANGE 16 EAST; THENCE NORTH 01 °03'30" EAST, 80.00 FEET ALONG THE
EAST LINE OF SAID SECTION 2 TO THE POINT OF BEGINNING; THENCE SOUTH
89 °16'18" WEST, 451.02 FEET; THENCE NORTH 01 °03'30" EAST, 129.00 FEET TO THE
SOUTHWEST CORNER OF CERTIFIED SURVEY MAP 2809 RECORDED AS
DOCUMENT NUMBER 854126, WINNEBAGO COUNTY REGISTER OF DEEDS;
THENCE NORTH 89 016'18" EAST, 451.02 FEET ALONG THE SOUTH LINE AND
EXTENDED SOUTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 2809 TO A
POINT ON THE EAST LINE OF SAID SECTION 2; THENCE SOUTH 01 003'30" WEST,
129.00 FEET ALONG SAID EAST LINE OF SECTION 2 TO THE POINT OF
BEGINNING. SAID AREA CONTAINS 58,153 SQUARE FEET OR 1.335 ACRES MORE
OR LESS.
SECTION 2. Sections 1 -28 and 1 -29 of the Oshkosh Municipal Code pertaining to
Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions
of this Ordinance and the proper City officials are hereby authorized and directed to
make such changes.
SECTION 3. The proper City officials are hereby authorized and directed to
comply with the following requirements of Section 66.0217(9)(a) and 66.0307(10) of the
Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of State.
AUGUST 23, 2016 16 -438 ORDINANCE
FIRST READING CONT'D
SECTION 4. Said property hereinabove described is hereby zoned R -1, Single
Family Residential District.
SECTION 5. This Ordinance shall be in full force and effect on the Sunday after
its passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #16 -xxx APPROVE REQUEST TO ATTACH TO THE CITY FROM
TOWN OF NEKIMI / FANNIN VOLUNTARY ATTACHMENT; 3467 OREGON STREET
on August 23, 2016. The ordinance attaches property at 3467 Oregon Street to the City
from Town of Nekimi. The full text of the Ordinance may be obtained at the office of the
City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's
phone: (920) 236 -5011.
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Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau
Associate Planner
DATE: August 18, 2016
RE: Approve Request to Attach to the City from the Town of Nekimi; Fannin Voluntary
Attachment; 3467 Oregon Street
BACKGROUND
The subject site consists of a residential property located on the east side of Oregon Street
approximately 100 feet north of W. 35th Avenue. The 1.23 acre property consists of a single - family
structure and detached garage. The property abuts the Aviation Industrial Park to the west.
The petitioner is requesting the attachment to allow connections to city sanitary sewer and water due
to failure of the home's 50+ year old on -site septic system which has been temporarily repaired to
remain functional. To allow for a more timely connection to city services, the petitioner is requesting
the Common Council to waive the rules and approve the attachment on August 23rd.
ANALYSIS
City sanitary sewer is readily available with a sanitary lateral stubbed to the property line that was
constructed in 1993. City water is available in the west terrace area of Oregon Street and is easily
accessible. Other City services including police and fire protection and trash collection will not be an
issue as most of the area surrounding the subject site is already within the Oshkosh corporate limits.
The City's Comprehensive Land Use Plan recommends the subject site as well as the west side of
Oregon Street to the north and south suitable for industrial uses, however, the existing residential use
will remain until market conditions warrant reuse of the property for industrial development. The
proposed attachment is compliant with the terms of the intergovernmental agreement between the
City and the Town of Nekimi, which has been fully implemented with a Cooperative Plan approved
by the State of Wisconsin. The agreement provides for attachments only through unanimous consent
of the property owners.
FISCAL IMPACT
The city will collect $2,836.70 for connection charges for construction of the water main, sanitary
sewer and sanitary lateral. The property will add approximately $152,500 in assessed value to the
City's tax roll.
RECOMMENDATION
The Fannin Voluntary Attachment request appears to be in the best interest to the City and staff
recommends approval of the attachment and requests the Common Council to waive the rules and
approve the attachment at its August 23, 2016 meeting.
Respec lly Submitted,
Jeffrey Nau
Associate Planner
Approved,
Mark Rohloff
City Manager
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s) /datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
JAGISFanningRan Commission Site Plan Map TemplateRan Commission Site Plan Map
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Printing Date: 8/17/2016
Prepared by: City of Oshkosh, WI
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Oshkosh
User..katieb
REQUEST FOR UNANIMOUS VOLUNTARY ATTACHMENT PETITION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN:
WHEREAS, the City of Oshkosh and Town of Nekilni have adopted a Cooperative Plan as set forth in s.
66.0307, Wis. Stats., approved by the Wisconsin Department of Administration, that identifies areas within the Town
of Nekimi as expansion areas for the City of Oshkosh;
WHEREAS, the undersigned represent all of the owners of the territory to be attached to the City of Oshkosh
from the Town of Nekinhi;
WHEREAS, the proposed territory to be attached is located within the designated City Growth Area of the
Town of Nekimi to the City of Oshkosh;
WHEREAS, the current population of the territory to be attached as defined by Sec. 66.0201(2)(dm) of the
Wisconsin Statutes is Two (2) .
NOW, THEREFORE, THIS PETITION IS HEREBY MADE for wzaihunous volhmtary attachment, pursuant to
the provisions of the approved Cooperative Plan between the City of Oshkosh and the Town of Nekimi, for
attachment to the City of Oshkosh, Wisconsin, from the Town of Nekirni, Winnebago County, Wisconsin, of the real
estate hereinafter described as follows:
FANNIN VOLUNTARY ATTACHMENT
ALSO KNOWN AS 3467 OREGON STREET, A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI,
WINNEBAGO COUNTY, WISCONSIN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST 14 CORNER OF SAID SECTION 2, TOWNSHIP 17 NORTH, RANGE 16
EAST; THENCE NORTH 01'03'30" EAST, 80.00 FEET ALONG THE EAST LINE OF SAID SECTION 2 TO
THE POINT OF BEGINNING; THENCE SOUTH 89 °16'18" WEST, 451.02 FEET; THENCE NORTH 01 °03'30"
EAST, 129.00 FEET TO THE SOUTHWEST CORNER OF CERTIFIED SURVEY MAP 2809 RECORDED AS
DOCUMENT NUMBER 854126, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE NORTH
89 °16'18" EAST, 451.02 FEET ALONG THE SOUTH LINE AND EXTENDED SOUTH LINE OF SAID
CERTIFIED SURVEY MAP NUMBER 2809 TO A POINT ON THE EAST LINE OF SAID SECTION 2;
THENCE SOUTH 01003'30" WEST, 129.00 FEET ALONG SAID EAST LINE OF SECTION 2 TO THE POINT
OF BEGINNING. SAID AREA CONTAINS 58,153 SQUARE FEET OR 1.335 ACRES MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed
and its relation to the municipalities involved.
NAME_.
Patrick J. Fannin
Amy E. Fanrhln
POST OFFICE ADDRESS
3467 Oregon Street
Oshkosh,l/dI 54901
3467 Oregon Street
Oshkosh, WI 54901
QUALIFICATION
DATE (elector and /or
SIGNED _ roertty owner)
7;
711
PETITION FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH:
WHEREAS the undersigned are electors and /or, property oti=ners in the area being sought
to be attached to the City of Oshkosh, said area being more particularly described in a certain
petition for unanimous attachment to the City of Oshkosh,
Fannin Voluntary Attachment,
and,
WHEREAS it is acknowledged by'the undersigned that submitting of this petition does
not in any matter attempt to make said petition for attachment conditional upon this petition or
the action taken by the said Common Council pursuant to this petition.
NOW, THEREFORE, the undersigned petition the Coirunon Council of the City of
Oshkosh that the ordinance attaching said territory include a provision temporarily and
permanently designating the classification for zoning purposes, pursuant to Sec. 66.0217(8) of the
Wisconsin Statutes, until the zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the
Wisconsin Statutes, as follows:
R -1, Single Family Residence District
NAME
POST OFFICE ADDRESS
DATE SIGNED
Qualific7ti7n-]
(elector and/or ,
property owner)
__
Patrick J. Fannin —
3467 Oregon Street
Oshkosh WI 54901
O` Zer
Amy E. Fannin
3467 Oregon Street
i
Owner
s
s
Oshkosh, WI 54901
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Printing Date: 8(1712016
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